By
Scott Thomas Anderson
Do the rules apply to everyone? Not when you lack an agency or legal body to enforce them, according to numerous residents in a Mace Meadow subdivision in Pioneer.
The homeowners are getting hot over what they claim is one man's flagrant and unapologetic violation of the legal covenants, conditions and restrictions, or CC&R's, that come with living in their neighborhood.
The dispute involves an agreement in the subdivision's CC&R's, which must be signed in order to buy a home in it, that states there can be no ownership or possession of livestock. The restriction was put in place in 1968. It's effective until 2015.
For years, resident Nan Powell says her neighbor Lawrence Caris obeyed the rule. Then, without telling or asking anyone, Caris bought two horses and stuck them in his small, half-acre yard adjacent to Powell's property line. Powell says Caris now refuses to discuss the CC&R violation with her or anyone else in the neighborhood. Someone in Powell's position would ordinarily approach a homeowners' association to sort the problem out. Ironically, the homeowners' association for Powell's neighborhood was disbanded a few years ago, after it was thought that the lack of complaints coming in suggested its existence wasn't necessary.
"The problem is there's no county agency to enforce a violation like this," Powell observed. "When there's a violation now, the only remedy is to go to civil court."
Before deciding to take Caris to court, Powell approached the rest of the neighborhood to see how other homeowners felt about the situation. She soon received 25 different letters of support from nearby residents. All were upset that Caris was ignoring a rule they felt he had agreed to abide by when he purchased his home.
"Everyone knows these small parcels are not conducive to horses," Powell said. "That's the whole reason the CC&R was put there in the first place. No one in this neighborhood wants that. Many who have bought here are retiring and will live here the rest of their lives. They don't want the flies, the smell or to have their property values lowered. Attracting mountain lions is also a concern."
Powell's stack of letters supports her claim about the neighborhood's feelings. "I am very concerned and disturbed about large animals or farm animals residing in our community," wrote resident Kevin Kelly. "I'm concerned about the animal's well-being, neighbors' well-being, and the well-being of our community."
Homeowner Ron Rocket expressed similar concerns in his letter, writing that he felt the horses didn't have adequate room to exercise. "These horses should be boarded elsewhere, so that they can have room for their needs," the letter states. "And so they don't interfere with the enjoyment of this area by surrounding neighbors. I oppose horses or other livestock in this area and that is why it is listed in the current CC&R's."
Another neighbor, Cris Cavallaro, recently discussed the problem with the Ledger Dispatch. "I believe in following the law," he explained. "I'm a conservative, and this violation shows no respect for the law. If someone buys a home with a legal commitment to follow a rule, then they should follow it. When you violate them, there should be penalties involved. You receive a copy of those rules in the title. Well, you should read them - that's common sense. There's no excuse to say you didn't know. And I don't think this will be a difficult case for Nan Powell or any other neighbor to win in civil court, either. It says there's no horses allowed. It's pretty cut and dry."
Caris could not be reached for comment.